ABSTRACT 


i» 


OF   THE 


VIRGINIA  MILITIA  LAW 


RELATIVE    TO    THE 


ASSESSMENT  AND   COLLECTION  OF   FINES, 


ALLOWANCE  AND  PAYMENT  OF  CLAIMS, 

AND    THE** 


Powers,  (fee.  of  Battaliou  and  Regimeiital  Courts. 


niCHlMOND,  VA. 

PRINTED    BY    RITCHIE    AND    DUXNAVANT. 
•         1S61. 


T. 


1 


T.      i   .  .  .  -v.  J 

y-8 1 YA  L 


ABSTRACT 


OF   THE 


VIRGINIA  MILITIA   LAW. 


AUDITOR'S  OFFICE,  Richmond,  Va. 
March  25,  18G1. 

On  the  23(1  day  of  March  1861  an  act  was  passed  amending  certain  laws  respect- 
ing' the  mihtia  of  the  commonwealth,  so  as  to  render  them  more  efficient,  changing 
the  law  relating  to  the  assessment,  collection  and  disbnrsement  of  the  militia  fines, 
and  the  paj'ment  of  claims  on  that  fund ;  which  makes  it  necessary  to  issue  this 
circular,  to  explain  the  construction  to  be  given  to  its  various  legal  provisions. 
I  also  annex  numerous  forms  in  aid  of  the  construction,  adapting  them,  as  far  as 
I  can,  to  the  law  as  it  now  exists.  I  therefore  respectfully  request  the  attention 
of  aU  persons  concerned,  especially  the  regimental  clerks  and  collectors  of  the 
militia  fines,  to  the  following  abstract : 

Battalion  courts;  how  constituted ;  tvhen  and  by  whom  held. 

Annually,  in  October  or  November,  at  such  place  as  the  commandant  of  the 
regiment  may  appoint,  two  battalion  courts  of  enquiry  in  each  regiment  are  re- 
quired by  law  to  be  held.  The  court  is  to  be  composed  of  the  commandants  of 
battalions  and  commandants  of  companies  in  the  battalions  attached  thereto. 

It  is  the  duty  of  the  presiding  ofliccr  to  administer  to  each  member  of  such 
court  an  oath,  that  '■'■they  and  each  of  them  xoill  faithfully  enquire  into  all  delin- 
quencies to  he  laid  before  the  court,  and  to  assess  fines  thereon-,  ivithout  favor,  par- 
tiality or  affection" 

After  this  oath  has  been  administered  to  the  members  of  the  court  by  the  pre- 
siding officer,  any  member  can,  and  it  is  his  duty  to  administer  to  the  presiding 
officer  a  similar  oath. 

This  court  has  no  other  duty  to  perform  than  to  assess  fines  on  delinquents. 
The  fines  to  be  assessed  by  it  are  upon  non-commissioned  officers,  musicians  and 
privates  in  the  battalion,  and  upon  other  persons,  where  specially  authorized. 
Any  person  fined  by  such  court  may  appeal  to  the  next  regimental  court,  but  not 
to  any  court  after  the  court  next  succeeding  the  battalion  court  imposing  the  fine. 


^/^7/y 


4  ABSTRACT    OF   THE   VIRGINIA    MILITIA    LAW. 

The  clerk  and  provost  marshal  appointed  by  the  regimental  courts  of  enquiry,  are 
required  to  attend  the  battalion  courts  of  the  regiment,  and  perform  the  duties 
pertaining  to  their  offices. 

Regimental  courts  ;  hoiv  constituted ;  when  and  hy  whom  held. 

As  soon  as  may  be  after  the  last  battalion  court  of  enquiry,  at  such  place  and 
time  as  the  commandant  shall  appoint,  a  regimental  court  of  enquirj^  is  required 
to  be  held.  This  court  is  composed  of  tlie  commandant  of  the  regiment,  and  com- 
mandants of  battalions  and  companies  in  the  regiment  attached  thereto.  The  senior 
officer  present  is  to  preside,  and  the  same  oath  prescribed  for  officers  of  battalion 
courts,  is  to  be  taken,  which  is  to  be  administered  in  the  same  manner  as  the  oath 
to  members  of  the  battalion  courts.  The  regimental  court  is  to  appoint  a  clerk 
and  provost  marshal,  who  shall  be  removable  at  its  pleasure.  The  president  of 
the  court  shall  administer  to  the  clerk  an  oath  ''faithfully  to  execute  the  duties  of 
his  office."  The  clerk  is  to  keep  a  fair  record  of  the  proceedings  of  this  court. 
The  name  of  the  clerk  is  to  be  certified  by  the  president  of  the  court  to  the  auditor 
of  public  accounts,  within  ninety  days  after  his  appointment.    (See  form  A.) 

The  regimental  court  has  power  to  assess  fines,  according  to  law,  upon  officers 
of  the  regiment,  upon  officers  attached  thereto,  and  upon  other  persons,  where 
specially  authorized.  They  may  hear  and  determine  appeals  from  eitlier  of  the 
two  next  preceding  battalion  courts ;  remit  or  lessen,  within  the  limitations  pre- 
scribed by  law,  any  fine  imposed  by  either  of  them,  or  any  fine  imposed  by  the 
next  preceding  regimental  court. 

Tickets  for  fines. 

Tickets  for  all  fines  imposed  by  battahon  and  regimental  courts  of  enquiry,  are 
to  be  made  out  by  the  clerks  of  those  courts,  and  placed  in  the  hands  of  the  sheriff 
for  collection,  after  the  first  day  of  January  and  before  the  first  day  of  April  next 
following  the  time  such  fines  were  imposed,  together  with  an  alphabetical  list  of 
such  tickets.     (See  form  B.) 

At  the  foot  of  which  list  of  fines  the  clerk  shall  take  from  the  sheriff  or  collector 
a  receipt  for  the  tickets  contained  therein,  and  shall  forthwith  transmit  to  the 
auditor  of  public  accounts  a  certified  copy  of  such  list  and  receipt ;  which  is  to  be 
received  as  evidence  in  any  action  or  motion  against  such  collector. 

If  from  any  cause  there  be  no  fines  assessed  or  placed  in  the  hands  of  the  sheriff 
or  collector,  that  fact  must  nevertheless  be  certified  to  the  auditor. 

Collection  of  fines  ;  when  payable  into  the  treasury. 

The  sheriff  is  required  to  collect,  annually,  all  such  fines  imposed  as  are  due  to 
the  commonwealth.  They  are  to  be  paid  into  the  treasury  on  or  before  the  15th 
day  of  December  next  after  they  are  required  to  be  placed  in  the  hands  of  the 
sheriff  or  collector. 

Insolvents. 

The  list  of  insolvents  is  required  to  be  alphabetical ;  and  to  the  list  an  affidavit 
of  the  sheriff  or  collector  is  to  be  annexed,  to  the  effect  mentioned  in  form  (C). 


ABSTRACT    OF   THE   VIRGINIA   MILITIA   LAW.  5 

It  is  also  essential  that  the  court  of  eiKjuiiy  to  which  such  list  is  returned, 
should  examine  the  same  with  the  tickets,  and  correct  it.  if  necessary ;  and  if  it 
be  of  opinion  that  it  is  correct,  or  having  corrected  it,  shall  allow  it,  and  direct  the 
clerk  to  certify  the  same  to  the  auditor  of  public  accounts.  Such  list  must  be  re- 
turned within  one  year  from  the  date  of  the  sheriff's  receipt  for  the  tickets.  If 
not  so  returned  within  the  year,  the  auditor  is  prohibited  from  allowing  the  same. 

Fines  susprnclcd  br/  commandants. 

Any  officer  or  soldier  fined  by  a  regimental  court  of  enquiry  may,  at  any  time 
before  the  next  succecdins;  regimental  court,  apply  to  tlic  commandant  of  his  regi- 
ment for  an  order  suspending  its  collection ;  and  upon  affulavit  showing  good 
cause  therefor,  hut  not  otherwise,  the  said  commandant  may  suspend  the  collection 
of  the  line  by  a  written  order  to  the  clerk  of  the  regimental  court,  or  to  the  sheriff. 
The  allidavit  and  order  of  suspi-iiisioii  must  be  returned  to  the  auditor  so  as  to 
enable  tbat  officer  to  allow  the  sheriff  credit  therefor.     (See  form  D.) 

Volunteer  comjyanies. 

The  fines  assessed  under  the  by-laws  of  volunteer  companies,  are  to  be  collected 
and  paid  to  the  treasurer  of  such  company.  It  is  important,  therefore,  that  they 
should  in  no  respect  be  blended  with  the  muster  fines  due  the  commonwealth. 
(For  connnissions  to  be  paid,  see  that  head.) 

Sheriff'' s   compensation. 

On  the  fines  to  be  paid  into  the  public  treasury,  a  sheriff  or  collector  is  allowed 
a  compensation  of  ten  per  centum  on  the  amount  collected  and  paid.  On  fines 
assessed  by  volunteer  companies,  not  less  than  ten  nor  more  than  fifteen  per  cent, 
commission  is  allowed.  The  fines  by  such  volunteer  companies  are  to  be  paid  to 
the  treasurer  of  such  company. 

Notices  of  regimental  musters  and  trainings,  how  given. 

Before  the  passage  (on  the  23d  day  of  INIarch  1S61)  of  this  act,  notices  of  regi- 
mental and  company  musters  were  required  to  be  given  bj'  commandants  of  com- 
panies, by  advertisement  in  the  local  newspapers.     The  amendment  is  as  follows  : 

"Notices  of  regimental  musters  and  training  of  officers  maybe  given  by  the 
brigade  inspector,  by  advertisement  in  one  or  more  convenient  newspapers ;  but 
the  expense  thereof  shall  not  exceed  $  10  for  eacli  brigade  in  any  year.  Notices 
of  company  musters  shall  be  given  by  commandants  of  companies,  by  notices  to 
be  posted  at  three  separate  public  places,  in  the  respective  companj'  districts,  at 
least  ten  dnys  previous  to  such  )nusters." 

The  same  act  provides,  that  "there  shall  be  two  trainings  in  everj-  year,  of  all 
the  officers  in  each  county ;  which  shall  be  at  the  courthouse  of  such  county,  ex- 
cept that  the  trainings  of  officers  of  the  131st  regiment  shall  be  held  at  Lynchburg, 
and  the  fall  trainings  of  the  officers  of  the  176th  regiment  may  be  held  at  Manning- 
ton,  if  a  majority  of  the  officers  of  that  regiment  so  determine :  but  the  place  of  such 


Ji  t  n*^.  »k 


6  ABSTRACT    OF   THE   VIRGINIA    MILITIA   LAW. 

training  may  be  changed  l)y  the  brigadier  general  of  the  brigade,  upon  application 
in  writing  of  a  majorit}'  of  the  officers." 

Each  training  shall  continue  three  successive  days. 

The  first  (or  spring)  training  is  to  l)e  conducted  by  the  brigade  inspector,  in  the 
manner  prescribed  by  law,  on  the  tlu'ee  days  immediately  preceding  the  regimental 
muster. 

The  second  (or  fall)  training  is  to  be  held  in  the  month  of  September  or  Octo- 
ber, commencing  on  such  day  as  may  be  appointed  b}'  the  commandant,  and  is  to 
be  conducted  by  the  senior  officer  present. 

When  regimental  musters  are  to  be  held. 

When  several  regiments  are  organized  in  the  same  county,  the  brigadier  gene- 
ral of  the  brigade  is  required  to  appoint  the  general  musters  of  such  regiments  on 
separate  successive  days,  commencing  immediately  after  the  training  required  to 
be  cornducted  by  the  brigade  inspector.  The  brigade  inspector  is  to  attend  all  re- 
gimental and  battalion  musters  in  his  brigade.  He  is  required  to  inspect  all  arms 
in  the  bauds  of  the  militia,  and  report  to  the  adjutant  general  the  condition  of  such 
arms,  and  all  instances  of  abuse  thereof. 

Music  to  he  emjAoyed  hy  brigade  inspector. 

Each  brigade  inspector  shall  employ  a  drummer  and  fifer  to  attend  each  training 
of  officers  and  regimental  muster  in  the  brigade. 

Musical  instruments  to  be  obtained ;  tvhen  and  hoiv. 

The  commandant  of  each  regiment  and  battalion,  where  battalion  are  substi- 
tuted for  regimental  musters,  may  procure  for  the  use  of  his  regiment  or  battalion, 
and  for  the  drum  and  fife  majors  attached  thereto,  once  in  ten  years,  if  necessary, 
one  drum  and  fife;  upon  which  he  shall  cause  the  name  of  the  county  and  number 
of  the  battalion  or  regiment  to  be  marked.  In  like  manner  he  may  procure  one 
bugle  for  each  company  of  cavalry  and  riflemen  attached  to  his  regiment  or  bat- 
talion. 

Repairs  of  equipments. 

When  any  of  said  equipments  require  repairs,  the  commandant  of  the  regiment 
or  battalion  may  procure  the  same  to  be  done.  The  commandant  of  such  regi- 
ment or  battalion  shall  submit  all  accounts  for  such  equipments  or  repairs,  to  their 
respective  regimental  or  battalion  courts  of  enquiry ;  which  may  make  a  reason- 
able allov/ance  therefor.  When  the  court  allows  for  new  equipments,  it  shall  also 
certify  that  no  such  equipments  have  been  purchased  for  the  regiment  or  battalion 
within  the  preceding  ten  years.  Upon  such  allowance  (with  such  certificate  in 
the  case  of  new  equipments),  the  said  commandants  may  draw  upon  the  auditor 
of  public  accounts  in  favor  of  the  claimant,  to  be  paid  out  of  the  militia  fine  fund, 
for  the  amount  thereof.     (See  form  L.) 


ABSTRACT    OF   THE   YIEGINIA    MILITIA    LAW. 


Militia  fine  fund. 

In  time  of  peace  the  militia  fines  constitute  a  fund  for  tlefraying  the  expense  of 
the  militia  establishment.  All  expenses,  -which  by  law  may  be  allowed,  are  to  be 
paid  out  of  said  fund.  In  case  the  said  fund  shall  be  insufficient  to  pay  said  ex- 
penses, they  are  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

Music  at  trainings. 

Each  brigade  inspector  shall  employ  a  drummer  and  fifer  to  attend  each  training 
of  officers  and  regimental  muster  in  the  brigade,  who  shall  be  allowed  each  three 
dollars  per  day  for  their  services  at  the  trainings,  and  each  two  dollars  per  day  for 
their  services  at  the  regimental  musters,  and  four  cents  per  mile  for  every  mile 
they  necessarily  travel  to  attend  the  trainings.  These  claims  for  music  at  train- 
ings are  to  be  certified  by  the  brigade  inspector ;  and  the  same  rule  of  construction 
is  to  be  given  in  respect  to  mileage  as  that  governing  the  mileage  of  brigade  in- 
spectors, illustrated  hereafter.  (Sec  form  F.)  Claims  for  music  at  the  regimental 
musters  are  to  be  allowed  by  the  regimental  court. 

Hoiv  claims  are  certified  for  payment. 

All  claims  are  to  be  allowed  either  by  commandants  of  regiments,  brigade  in- 
spectors, or  by  regimental  courts.  Claims  in  favor  of  the  brigade  inspector  are  to 
be  allowed  and  certified  by  the  commandant  of  the  regiment.  All  other  claims 
are  to  be  allowed  by  the  regimental  courts. 

]\Iuch  care  and  attention  should  be  observed  in  granting  these  certificates,  by 
which  money  is  drawn  from  the  public  treasury.  The  law  allows  each  brigade  in- 
spector five  dollars  per  da}^  for  every  day  he  shall  attend  the  training  of  officers 
and  regimental  musters,  and  ten  cents  for  every  mile  he  shall  necessarily  travel  in 
going  and  returning.  He  is  allowed  mileage  for  but  one  circuit  through  the  bri- 
gade ;  aud  this  is  all  that  can  be  allowed  or  paid.  The  brigade  inspector  is  re- 
stricted to  this,  notwithstanding  he  may,  by  the  arrangement  of  the  circuit,  have 
been  compelled  to  travel  more  than  a  properly  regulated  circuit  would  require. 
To  illustrate  what  is  meant  by  "going  and  returning,"  we  will  suppose  a  brigade 
inspector  resides  in  Richmond,  and  is  to  attend  trainings  at  Petersburg,  Norfolk 
and  Alexandria.  His  mileage,  in  this  case,  would  be  from  Richmond  to  Peters- 
burg ;  thence  to  Norfolk ;  thertce  to  Alexandria ;  thence  directly  to  Richmond — 
and  not  to  "return"  by  Norfolk  and  Petersburg  to  Richmond. 

It  is  the  duty  of  the  brigadier  general  to  cause  the  trainings  to  be  so  arranged 
that  one  circuit  only  will  bo  necessary.  If  they  are  not  so  arranged,  it  is  not  the 
fault  of  the  state,  and  nothing  more  will  be  paid  than  a  properly  regulated  circuit 
will  justify.     (See  form  E.) 

Claims  allowed  by  a  regimental  court. 

All  claims  other  than  those  mentioned,  which  are  authorized  by  law,  are  allow- 
able by  the  regimental  courts  of  enquiry,  are  to  be  certified  by  the  clerk  of  the 


8  ABSTRACT    OF   THE   YIRGIXIA   :MILITIA   LAW. 

regimental  court  allowing  the  same,  antl  are  to  be  countersigned  by  the  comman- 
dant of  the  regiment. 

All  such  claims,  or  so  much  thereof  as  may  be  authorized  by  law,  so  certified 
and  allowed,  shall  be  in  favor  of  the  person  performing  the  services,  and  are  to  be 
paid  by  the  auditor  of  public  accounts,  upon  presentation.  Those  claims  allowed 
by  a  regimental  court,  cannot,  however,  be  paid  until  a  list  of  all  the  claims  al- 
lowed by  such  court,  has  been  certified  by  the  clerk,  countersigned  by  the  com- 
mandant, and  received  at  this  office.  Such  list  of  claims,  so  certified,  is  made  the 
guide  of  the  auditor  in  his  payment  of  claims. 

If  there  be  no  claims  allowed,  that  fact  must  nevertheless  be  certified  by  the 
clerk  and  commandant.  All  claims  allowed  by  the  regimental  courts  are  to  be 
certified  1  y  the  clerk  of  the  regimental  court  allowing  the  same,  and  shall  be 
countersigned  by  the  commandant  of  the  regiment,  and  before  they  can  be  paid, 
must  be  endorsed  by  the  claimant.  These  allowances  are  to  be  paid  by  the  audi- 
tor, upon  presentation. 

Claims  071  militia  fine  fund. 

Particular  attention  should  be  given  to  this  branch  of  the  subject  by  clerks  of 
the  regimental  courts.  The  clerk  is  required  forthwith,  after  the  allowance  is 
made,  to  transmit  to  the  auditor  a  list  of  all  claims  allowed ;  wliich  list  is  to  be 
countersigned  by  the  commandant  of  the  regiment,  and  is  to  be  the  guide  of  the 
auditor  in  making  payments. 

What  claims  may  he  allowed. 

In  time  of  peace,  or  rather  for  services  in  the  peace  establishment,  no  claim 
other  than  the  following  shall  be  allowed  or  paid,  to  wit : 

Claims  of  brigade  inspectors. 

1.  To  each  brigade  inspector,  $  5  per  day  for  every  day  he  shall  attend  the 
training  of  officers  and  regimental  musters,  and  10  cents  for  every  mile  he  shall 
necessarily  travel  going  and  returning,  as  provided  in  the  8th  section  of  chapter 
25  of  the  Code.     (See  form  E.) 

Claims  of  drummers  and  fifers  at  trainings,  S^v. 

2.  To  each  drummer  and  fifer  who  shall  attend  the  training  of  officers  in  the 
brigade,  $  3  per  day  for  their  respective  services,  and  4  cents  for  every  mile  of 
necessary  travel  in  going  and  returning,  according  to  the  9th  section  of  said  chap- 
ter 25.     (See  form  F.) 

Claims  of  drummers  and  fifers  at  company  musters  and  fall  trainings. 

3.  To  a  drummer  and  fifer  and  bugler,  for  attending  the  fall  training  of  officers, 
regimental,  battalion  and  company  musters,  including  volunteers  as  well  as  other 
companies,  each  $  2  per  day  for  their  services :  provided,  if  a  drummer  and  fifer 
cannot  be  obtained,  and  the  services  of  any  band  is  obtained,  they  (the  band,  not 
each  m6mber)  shall  be  allowed  $  5  per  day.     (See  form  G.) 


ABSTRACT    OF   THE   VIRGINIA    MILITIA    LAW.  9 

* 

4.  To  the  clerk  of  eveiy  regimental  court  of  enquiry,  for  attendance  on  each 
court  or  board  of  officers  during  its  (session,  not  exceeding-  $  5.  For  making  out 
the  list  and  tickets  to  be  placed  in  the  hands  of  the  sheriff  or  other  collector  in 
any  year,  $  5 ;  and  for  the  copies  thereof  to  be  certified  to  the  auditor,  and  for 
stationery  for  the  use  of  said  courts,  $  5.     (See  form  H.) 

5.  To  the  provost  marshal,  for  each  day  he  shall  attend  the  courts  of  enquiry, 
$2.     (Sec  form  I.) 

6.  To  the  adjutant  of  every  regiment,  for  attending  the  regimental  mustcrg 
and  the  training  of  officers,  $4  for  each  day's  attendance.     (See  form  J.) 

7.  To  the  adjutant,  or  any  other  officer  of  the  line  ordered  to  perform  the  duty 
of  enrolling,  notifying  and  mustering  any  company  uhich  has  no  officers,  and  re- 
porting delinquents  in  said  companj-,  $2  per  day  whilst  actually  employed  in  such 
duty,  so  that  the  same  does  not  exceed  $6  for  any  company  in  one  j'car.  (See- 
form  K.) 

8.  For  equipments  and  repairs  for  musical  instruments,  as  prescribed  in  the 
10th  section  of  chapter  25,  under  the  restrictions  contained  tlierein,  there  shall  be 
a  reasonable  allo^vance  made  therefor.     (See  form  L.) 

0.  For  advertising,  under  the  provisions  of  the  2d  section  of  chapter  25,  such 
sums  as  may  have  been  actually  incurred,  not  exceeding  the  amount  allowed  in 
said  section.     (Sec  form  M.) 

10.  To  each  company  of  artillery  equipped  with  ordnance,  there  shall  be  al- 
lowed horses  to  draw  its  pieces  and  caissons  at  every  muster  required  by  law;  and 
the  regimental  courts  of  enquirj'  shall  make  proper  allowance  therefor.  But  said 
courts  shall  not  allow  for  more  than  two  horses  for  each  piece,  and  two  horses  for 
each  caisson,  nor  more  than  one  dollar  for  each  horse  actual!)-  employed  at  such 
musters.     (Sec  form  N.) 

There  is  no  provision  authorizing  payment  to  musicians  for  attending  companieB 
when  assembled  to  elect  officers. 

The  25th  section  of  chapter  30  of  the  Code  has  been  repealed.  No  sheriff  is 
therefore  nov\^  required  to  pay  any  militia  claim.  The  section  repealed  reads  aa 
follows : 

"§  25.  If  any  sheriff  or  collector  shall  fail  to  pay  any  claim  or  allowance  pro- 
perly certified,  having  funds  in  his  hands  arising  I'rom  fines  sufficient  therefor,  the 
court  of  the  county  or  corporation  of  which  he  is  sheriff  or  collector,  on  motion  of 
the  person  holding  said  claim,  shall  render  judgment  against  him  for  the  amount 
thereof,  with  costs." 

J.  M.  BENNETT, 

Aud.  Pub.  Account*. 


FORMS. 


[A] 

Form  for  Certifying  the  Appointment  of  a  Regimental  Court  Clerk. 

I  certify,  that  at  a  regimental  court  of  euquiry  heUl  for  the  regiment,  on  the 

day  of  186     ,  at  in  county,  was  duly  appointed 

clerk  of  the  said  regimental  court  of  enquiry. 

Given  under  my  hand  this  day  of  186    . 

,  President  of  the  Court 

To  the  Auditor  of  Public  Accounts. 

C^^Tlie  appointment  of  a  clerk  must  be  certified  to  the  auditor  within  ninety  days  after 
his  appointment. 


[B] 

Form  of  the  List  of  Militia  Fines  transmitted  to  the  Auditor. 

A  list  of  militia  fines  assessed  in  the  regiment,  in  the  county  (or  corporation)  of 

for  the  year  collectable  in 

[Here  should  follow  the  names  arranged   in  alphabetical  order,  and  the  amount  of  each 
fine — also  the  total  amount  on  each  page.] 

Received  the  day  of  18    ,  of  clerk  of  the  regiment, 

sundiy  tickets  for  militia  fines  assessed  in  the  said  regiment,  coiTesponding  with  the  fore- 
going list,  and  amounting  in  the  whole  to  $  ;  which  fines  I  am  to  collect  and  ac- 
count for  according  to  law. 

)  Deputy  Sheriff, 

For  ,  Sheriff"  of  County. 

I,  clerk  of  the  regiment,  do  hereby  certify,  that  the  foregoing  is  a 

true  list  of  tickets  for  militia  fines  put  into  the  sheriff's  hands  for  collection,  and  a  true  copy 
of  the  sheriff's  receipt  for  the  same. 

Given  under  my  hand  this  day  of  18 

,  Clerk  Reg't. 


12  FOEMS. 


[C] 

Form  of  a  List  of  Insolvents  allowed  hy  the  Regimental  Court  of  Enqtdry,  and 

returned  to  the  Auditor. 

At  a  regimental  court  of  cuqiiiiy  held  for  tho  regiment,  on  the  day  of 

18     ,  at  ,  in  the  county  of  : 

The  following  list  of  insolvents  in  the  militia  fines  of  18     ,  collectable  in  18     ,  amoimting 
to  $  ,  was  returned  by  dejnity  for  shcritf  of 

county,  verified  by  the  affidavit  of  said  deputy  hereto  annexed — wliereupon  it  is  ordered  to 
be  certified  to  the  auditor,  that  the  coui^t  believe  the  same  to  be  correct,  and  that  it  ought  to 
be  allowed. 

,  Clerk  RegU. 

[Here  should  follow  the  names  of  the  insolvents  in  alphabetical  order,  with  the  amount  of 
each  fine.  The  names  should  be  written  so  as  to  correspond  with  the  list  of  fines  trans- 
mitted to  the  auditor.] 


Form  of  the  Affidavit  annexed  to  the  Insolvents. 

County,  to  ivit : 

This  day,  deputy  sheriff  for  the  county  aforesaid,  made  oath  (or  affirmation) 

before  me,  a  justice  of  the  peace  for  the  .said  county,  that  the  foregoing  list  of  delinquents 
in  the  militia  fines  he  verily  believes  is  correct  and  true ;  that  he  has  used  due  diligence  for 
the  collection  of  the  fines  in  said  list  mentioned,  and  hath  not  collected  any  part  thereof. 

Given  under  my  hand  this  day  of  18    . 

,  J.  P. 


Form  for  the  Suspension  of  the  Collection  of  a  Fine  im2Josed  on  a  Private. 

For  reasons  stated  in  the  annexed  affidavit  of  ,  and  it  appearing  that  said 

has  been  fined,  as  in  said  affidavit  stated,  for  his  several  failures,  to  wit : 


and  that  the  fines  amount  to  $  ;  and  it  appearing  also  that  no  regimental  court  baa 

been  held  in  the  regiment  to  which  the  said  belongs  since  the  said  fine  was 

imposed,  and  considering  that  said  by  his  said  affidavit,  has  shown  good 

cause  therefor,  I  do  hereby  direct  that  the  collection  of  said  fines  be  suspended  until  the 

next  regimental  court. 

,  Commandant  of  RegH. 

To  tJte  Clerk  of  the  Regimental  Court  {or  to  tlie  Sheriff,  as  the  case  may  be). 

^p"  This  form  may  be  readily  reformed  so  as  to  suit  the  suspension  of  the  collection  of  a 
fine  imposed  on  an  officer. 


FORMS.  13 


[E] 

Form  for  Certifying  a  Claim  for  Services  of  Brigade  Inspector. 

I  certify,  that  ,  a  brigade  iuspoctor  appoiuted  by  brigadier  general 

for  his  brigade,  did  attend  at  in  th(^  count}-  of  ,  and  was  there  employed 

in  training  tho  officers  of  the  regiment  for  three  successive  days,  to  wit:   On  tho 

days  of  186  ;  and  on  tho  day  of  186    attended  the  regimental 

muster  for  said  regiment. 

I  further  certify,  that  the  said  has  traveled  miles  from  (the 

place  of  the  last  training,  or  from  the  place  of  his  abode,  as  the  case  may  be)  to 
the   place  above  specified,  for  which  services   in   training,  attendance  at  the  regimental 
muster,  and  mileage,  he  is  entitled  to  $  ,  to  be  paid  out  of  the  militia  fine  fund. 

Given  imder  my  hand  this  da}'  of  186     . 

,  Commandant  of  J^fg't- 

To  the  Auditor  of  Public  Accomits. 


[F] 

Form  for  Certifying  Claims  for  Music  at  Trainings. 

I   certify,  that  drummer  (or  fifer)  has  attended   the   training  of  officers 

three  days,  to  wit:  on  the  days  of  at  of  and  performed 

service  as  such,  and  that  he  traveled  miles  from  (the  place  of  last  trainino-, 

or  muster,  or  from  his  place  of  abode,  as  the  case  may  be);  for  which  service  and  mileage 
he  is  entitled  to  dollars  and  cents,  to  be  paid  upon  the  warrant  of  the 

auditor  of  public  accounts,  out  of  the  militia  fine  fund. 

Given  under  my  hand  this  day  of  186     . 

,  Brigade  hispcctor. 

To  the  Auditor  of  Public  Accounts. 

1^"  Although  the  musicians  attending  the  regimental  musters  arc  employed  by  the 
brigade  inspectors,  their  claims  for  music  at  the  regimental  nmstcrs  arc  nevertheless  to  be 
allowed  and  certified  by  the  regimental  court.     (See  form  G.) 


14  FORMS. 


Form  of  a  Certificate  of  Allowance  to  a  Drummer  or  Fifer. 

At  a  regimental  court  of  enquiry  bckl   for  the  regiment,  on  the  day 

of  18         ,  at  in  the  county  of  : 

Ordered,  that  be  allowed  $  per  day  for  his  services  as  drammer 

(or  fifer)  days,  to  wit:  day    at  the  regimental  muster,  and  day    at  the 

April  and  October  musters  of  Captain  company  of  militia  (or  day 

at  the  regular  and  extra  musters  of  Captain  volunteer  company  of  ) 

attached  to  the  regiment,  during  the  present  year,  amounting  to  $ 


Clerk. 


Countersigned  : 


Commandant. 


^p^This  form  will  be  varied  of  course  to  suit  the  services  performed  by  the  musician, 
whether  drummer,  fifer  or  bugler,  which  ought  always  to  be  particularly  specified. 


[H] 

Form  of  Certificate  of  Allowance  for  the   Services  of  the    Clerk   of   the   Regi- 
mental  Court,  which  can  he  varied  according  to  circumstances. 

At  a  regimental  court  of  enquiry  held  for  the  regiment,  on  the  day  of 

18         ,  at  in  the  county  of  : 

Ordered,  that  clerk  of  this  regiment,  be  allowed  for  attending  one  regi- 

mental and  two  battalion  courts  of  enquiry  during  the  present  year,  dollars  for 

each  court;  also  dollars  for  a  list  of  fines  and  tickets  placed  in  the  sheriff's  hands 

for  collection;  and  dollars  for  stationary  for  the  use  of  the  board  of  officers,  and  a 

list  of  fines,  and  a  certified  copy  of  the  sheriff's  receipt  transmitted  to  the  auditor,  amount- 
ing in  the  whole  to  dollars. 

,  Clerk  Reg't. 

Countersigned  : 

,  Commandant. 


FORMS.  15 


[I] 

Form  of  a  Certificate  of  Allowance  to  the  Provost  Martial. 

At  a  regimental  court  of  enquiry  held  for  tlio  regiment,  on  the  day  of 

18         ,  at  in  the  county  of  : 

Ordered,  that  provost  martial  to  this  regiment  be  allowed  two  dollars  per 

day  for  attending  the  regimental  and  battalion  coiu'ts  of  enquiry  days  during  tho 

present  year,  amounting  to  $ 

,  Clerk  Reg't. 

COUNTE    SIGNED: 

,  Commandant. 


[J] 

Form  of  a  Certificate  of  Allowance  to  the  Adjutant. 

At  a  regimental  court  of  enquiry  held  for  tho  regiment,  on  the  day  of 

18        ,  at  in  the  county  of  : 

Ordered,  that  adjutant  to  this  regiment,  be  allowed  four  dollars  per  day  for 

attending  three  days  at  the  training  and  one  day  at  the  regimental  muster  for  this  regiment 
during  the  present  year,  amounting  to  $ 

_ ,  Clerk  Reg't. 

COirNTERSIGNED : 

-■^^■'^■'-    — — ,  Commandant, 


16  FORMS. 


[K] 

Form  of  a  Certificate  of  Allo7vance  to  the  Adjutant  or  other  Officer  of  the  Line 

for  certain  services. 

At  a  regimental  court  of  enquiry  held  for  tlio  regiment,  on  the  day 

of  18         ,  at  in  the  county  of  : 

Ordered,  that  ,  adjutant  of  this  regiment  (or  an  officer  of 

the  line),  be  allowed  two  dollars  per  day  for  days'  services  employed  in  making 

out  lists  of  companies  having  no  officers,  for  training  said  companies,  and  returning  delin- 
quents, &c.  during  the  present  year,  amounting  to  $ 

,  Clerk. 

Countersigned  : 

,  Comviandant. 

^p^The  foregoing  form  Avill  be  of  course  varied  to  suit  the  particular  services  performed. 


[L] 

Form  of  an  Allowance  for  Equipments. 

At  a  regimental  court  of  enquiry  held  for  the  regimen f,  on  tho  day 

of  18        ,  at  in  the  county  of  : 

Ordered,  that  be  allowed  the  sum  of  dollare,  it  being  for  one  drum 

and  one  fife  purchased  for  the  use  of  the  regiment  (or  for  one  bugle  purchased  for  Captain 
troop  of  cavalry  (or  riflemen),  belonging  to  said  regiment);  and  it  is  hereby 
certified  to  the  auditor  of  public  accounts  that  the  aforesaid  allowances,  amounting  to 
dollars,  include  the  cost  of  transportation  and  all  other  incidental  expenses 
attending  the  purchase  of  said  equipments,  and  that  no  such  equipments  have  been  fur- 
nished to  the  regiment  (or  company  of  )  for  which  they  are  intended,  within  the 
period  of  ten  years  next  preceding  the  time  of  the  said  purchase. 

,  Clerk  Reft. 

Countersigned  : 


Commandant. 


Note. — If  the  several  equipments  are  purchased  from  different  persons,  separate  certifi- 
cates of  allowance  will  of  course  be  granted,  and  the  form  can  be  varied  to  suit  circum- 
stances, preserving  always  the  substantial  parts  of  it.  These  allowances  cannot  be  made 
until  after  the  equipments  are  purchased  and  the  price  ascertained. 


FORXS.  17 


[M] 

Form  of  a  Certificate  of  Allowance  for  Notices  in  Newspapers. 

At  a  regimental  court  of  r  .iquiry  lield  for  the  regiment  on  the  day  of 

13         ,  at  in  the  county  of  : 

Ordered,  that  he  allowed  dollars  for  advertising  the  regimental  mus- 

ters and  training-  of  officers  of  the  brigade  in  the  spring  of  18        ,  under  the  provi- 

sions of  the  2d  section  of  cliaptcr  25  of  the  Code. 

,  Clerk. 

C3UNTERSIGXED : 

,   Commandant. 

S^The  amount  for  advertising  cannot  exceed  $10  in  one  year  for  any  brigade. 


[N] 

Form  of  Certificate  of  Allowance  for  Horses  to  draw  Ordnance. 

At  a  regimental  court  of  enquiry  held  for  the  regiment  on  the  day  of 

18        ,  at  in  the  county  of  : 

Ordered,  that  be  allowed  dollars  for  the  use  of  horses,  to 

draw  its  pieces  of  artillery  and  caissons  on  the  day  of  18        ;  and  the  court 

certifies  that  there  were  but  hvo  horses  for  each  piece,  and  two  horses  for  each  caisson ;  and 
not  more  is  allowed  than  one  dollai'  for  each  horse  actually  employed  at  said  muster. 

^  ,  Clerk. 

Countersigned  : 

,  Commandant. 


